Wheeling & Lake Erie Railway v. Brotherhood of Locomotive Eng

Filing

AMENDED OPINION and JUDGMENT filed : The district court s holding that the dispute is minor is REVERSED, the portion of the preliminary injunction granting relief to Wheeling & Lake Erie Railway Company on the parties dispute over using supervisors as conductors is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Damon J. Keith, Karen Nelson Moore, and Jane Branstetter Stranch (AUTHORING), Circuit Judges.

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Case: 13-4356 Document: 35-3 Filed: 06/26/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 13-4356 WHEELING & LAKE ERIE RAILWAY COMPANY, Plaintiff - Appellee, FILED Jun 26, 2015 DEBORAH S. HUNT, Clerk v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN; ROBERT H. LINSEY, Defendants - Appellants. Before: KEITH, MOORE, and STRANCH, Circuit Judges. AMENDED JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Akron. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s holding that the dispute is minor is REVERSED, the portion of the preliminary injunction granting relief to Wheeling & Lake Erie Railway Company on the parties’ dispute over using supervisors as conductors is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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